Gun Owners Caucus explainers

[jdege]

Just received an email pointing me to these:

Universal Background Checks in Minnesota

Red Flag Gun Confiscation Orders in Minnesota

Good info about bad laws...

IIRC, BCA is supposed to have a new form out, for recording private transfers. Have they released it, yet?

[Markemp]

The explainers do a good job giving an overview of the laws. And they both seem like good laws.

Nice work, MN legislature and Governor Walz!

[Holland&Holland]

The explainers do a good job giving an overview of the laws. And they both seem like good laws.

Nice work, MN legislature and Governor Walz!

Seriously? You come on this site and wonder why there is such divisiveness? Then you post this? Do you not own a mirror?

[bstrawse]

Just received an email pointing me to these:

Universal Background Checks in Minnesota

Red Flag Gun Confiscation Orders in Minnesota

Good info about bad laws...

IIRC, BCA is supposed to have a new form out, for recording private transfers. Have they released it, yet?

We haven't seen it yet. I expect we'll see it on 8/1.
b

[jdege]

The explainers do a good job giving an overview of the laws. And they both seem like good laws.

Nice work, MN legislature and Governor Walz!

I find it hard to believe that anyone who understands the dangers in relaxing due process requirements could think that our new red flag law is good.

A lot of honest, well-meaning people are going to be hurt by this.

[Holland&Holland]

The explainers do a good job giving an overview of the laws. And they both seem like good laws.

Nice work, MN legislature and Governor Walz!

I find it hard to believe that anyone who understands the dangers in relaxing due process requirements could think that our new red flag law is good.

A lot of honest, well-meaning people are going to be hurt by this.

He doesn’t care, he is a socialist. Same ones who committed genocide against my relatives. And then he wonders why there is divisiveness.

[xd ED]

The explainers do a good job giving an overview of the laws. And they both seem like good laws.

Nice work, MN legislature and Governor Walz!

I find it hard to believe that anyone who understands the dangers in relaxing due process requirements could think that our new red flag law is good.

A lot of honest, well-meaning people are going to be hurt by this.

He doesn’t care, he is a socialist. Same ones who committed genocide against my relatives. And then he wonders why there is divisiveness.

Then, as now, their ends justify their means.

[Jackpine Savage]

They are all about feelings, logic doesn't play in their thinking.

[crbutler]

In effect, they reversed burden of proof with red flag there.

You have to prove beyond question that you are not a problem, within 15 days.

So you would need (I assume) a bunch of expert witnesses to prove you are not a threat, and further do this within 15 days.

We can’t get folks in for a new psych appointment in under 30 days for a new diagnosis of mental illness… how the heck are you going to get multiple expert witnesses in under 2 weeks?

Heck yeah this will be abused.

You can’t go in say I’m no problem because that’s not clear evidence. It’s not saying gee their evidence is weak… it’s you have to prove a negative, which is a pretty difficult thing to do.

[Lumpy]

So let's see:

Who can petition the court for a Red Flag Order?

• A city or county attorney

Anyone want to bet there won't be "crusader" city or county attorneys who'll make a career out of filing these?

Process for getting an order issued after a hearing

After the petition is filed, a hearing is scheduled where both the petitioner and the respondent can present their case.

If the court finds clear and convincing evidence that the respondent poses a significant risk of causing personal injury to self or others by having in their custody or control, purchasing, possessing, or receiving a firearm, it will issue a final ERPO.

Well... that sounds reasonable; however:

Process for Getting an Emergency Ex Parte Order
An emergency ex parte order can be issued immediately without a hearing if there’s evidence of an imminent risk to the safety of an individual or the public if the respondent were to possess a firearm.

The petitioner must provide detailed allegations based on personal knowledge that the respondent poses a significant danger of causing personal injury to self or others in the near future by having in their custody or control, purchasing, possessing, or receiving a firearm.

Without the presence of or any input from the accused, the court then examines the evidence. If it finds reasonable grounds to believe that the respondent poses an imminent risk, it issues a temporary ex parte ERPO.

This temporary order typically lasts until a full hearing can be held, usually within 14 days.

And the penalty for giving perjured testimony at the emergency petition is:

False Information or Harassment
A person who petitions for an extreme risk protection order under section 624.7172 or 624.7174, knowing any information in the petition to be materially false or with the intent to harass, abuse, or threaten, is guilty of a gross misdemeanor.

Which can be up to a year in jail or $3000- but entirely at the judge's discretion. I see a lot of slapped wrists.

Process for getting an order revoked
The respondent shall have the burden of proving by clear and convincing evidence that the respondent does NOT pose a significant danger of causing personal injury to self or others

Prove you're innocent?? How does that work?

The law <...> recognizes ERPOs from other states, <...>or by an order of protection granted by a judge or referee pursuant to a substantially similar law of another state,

Someone in California or New York can get an ERPO issued against you??

Liability protection for storage of firearms
A law enforcement agency shall be immune from civil or criminal liability for any damage or deterioration of firearms, ammunition, or weapons stored or transported pursuant to section 624.7175.

OH LOVELY! "Here's your gun; oops, sorry about that."

Liability protection for harm following service of an order or execution of a search warrant
A peace officer, law enforcement agency, and the state or a political subdivision by which a peace officer is employed has immunity from any liability, civil or criminal, for harm caused by a person who is the subject of an extreme risk protection order.

Oh, so someone is so dangerous that their guns must be seized from them; but if in response they go to the petitioner's house with a steel pipe and beat them to death, that's not on the government. Okay.

I think this law pretty much epitomizes "when in doubt, seize the guns".

[Bearcatrp]

The explainers do a good job giving an overview of the laws. And they both seem like good laws.

Nice work, MN legislature and Governor Walz!

Seriously? You come on this site and wonder why there is such divisiveness? Then you post this? Do you not own a mirror?

Don’t feed this POS TROLL!

[grimbeaver]

A law enforcement agency shall be immune from civil or criminal liability for any damage or deterioration of firearms, ammunition, or weapons stored or transported pursuant to section 624.7175.

I 100% guarantee you that you are not getting your firearms back in the same condition they were in when they took them. Complete and utter BS.

[Sorcerer]

What could possibly go wrong with red flag confiscation? For the most part for law enforcement the weapon on their hip is just a tool that they are tested on firing a couple of times a year. They are not gun guys. I will go out on a limb and state that there will be negligent discharges resulting in injuries and deaths. I had the pleasure of having a law enforcement officer clear a firearm that wasn’t a Glock. I’ll not make that mistake twice.

[Uffdaphil]

One clarification I think I know the answer to, but do not want to pay the price if wrong.

Is there anything that now makes it unlawful to loan a gun to friends or family? I know I need to be present with NFA items.
Say we have another riot season and my now anti-gun sister changes her thinking. Can I loan her an AR for an indefinite period?

[bstrawse]

One clarification I think I know the answer to, but do not want to pay the price if wrong.

Is there anything that now makes it unlawful to loan a gun to friends or family? I know I need to be present with NFA items.
Say we have another riot season and my now anti-gun sister changes her thinking. Can I loan her an AR for an indefinite period?

Your sister? Yes. She's immediate family and exempt.

See our UBC explainer at https://gunowners.mn/ubcs

Thanks,
Bryan